STANDARD TERMS: Rebel Radio Network

1. INTERPRETATION

1.1 Definitions. In these Terms, the following definitions apply:
Fees means the fees payable by the Client for the supply of the Services in accordance with Item 4 of the Agreement Summary and clause 5.

Contract or Agreement means this contract/agreement between Rebel Radio and the Client for the supply of Services in accordance with these terms, and the term contract or agreement may be used interchangeably.

Client: the person or entity who purchases Services from Rebel Radio as outlined at Item 2 of the Agreement Summary.

Guarantor: means the person who signs this document on behalf of a Company or Trust and guarantees to pay the Fees.

Multi Product means the multi product packages outlined in the Quote (i.e., Big Brand Makeover Packages, Rockstr Packages and One Day Sale Radio Campaign).

Services means the performance of radio advertisement services as outlined at Item 3 of the Agreement Summary and the Quote.

Scope or Quote means the quotation, package or scope of works provided by Rebel Radio to the Client from time to time during the course of this Contract.

Schedule means the agreed upon schedule of advertisement commercials between Rebel Radio and the Client.

Term means the duration of this Contract as outlined in Item 5 of the Agreement Summary.

2. SCOPE OF SERVICES

2.1 Rebel Radio agrees to broadcast the Client’s advertising material on Rebel FM and/or The Breeze in accordance with the Quote, the Agreement Summary, the Schedule and these Standard Terms.

2.2 To the maximum extent permitted by law, Rebel Radio and its associated companies are not responsible for any action or claim made against the company or its directors or employees resulting from this advertising campaign. Rebel Radio will attempt to broadcast commercials as outlined in the Schedule but will not accept liability for misplacement, error, omission or failure to broadcast any advertising material including action or omission by the broadcaster including a failure to strictly adhere to the Schedule.

3. AD CONTENT AND COMPLIANCE

3.1 Approval Process: All advertising material is subject to the Client’s review and approval prior to airing on the Rebel Radio Network stations. The Client assumes sole responsibility for the content, accuracy, and compliance of all advertising material.

3.2 Compliance with Laws: The Client warrants that the advertising content complies with all applicable laws, including but not limited to the Australian Consumer Law and standards set forth by the Australian Association of National Advertisers (AANA) Code of Ethics, and any applicable legislation or regulation relating to the Client’s business activities.

4. AD PLACEMENT AND SCHEDULING

4.1 Rebel Radio will use its best endeavours to advertise and broadcast the Client’s content in accordance with the agreed Schedule, however, cannot guarantee or warrant that the Schedule will always be strictly adhered to.

4.2 If Rebel Radio does not strictly adhere to the Schedule, then Rebel Radio will make-up for any missed Services at alternative days and times agreed to between the parties in writing.

5. FEES & PAYMENT TERMS

5.1 Fees: The Client agrees to pay Rebel Radio the agreed-upon Fees as specified in the Quote.

5.2 Website bookings ONLY: The first months’ advertising Fees must be paid in advance (prior to commencing the Services) by credit card or direct debit.

5.3 Website bookings: Will be invoiced on receipt of booking confirmation and will be issued every 30 days thereafter for a period of 2 months. 50% will be payable on booking

5.4 A 7-day credit policy applies to all bookings (Digital and Radio) unless the Client pays by credit card or direct debit.

5.5 If the preferred date for direct debit is not selected by the Client, payment will be taken 7 days from the date of invoicing.

5.6 Radio Advertising: Invoicing commences from the date of the 1st day of airtime on Rebel Radio.

5.7 If payment is not received within 31 days of invoicing a $25 late payment fee may be applied monthly until the account is nil balance.

5.8 Debt collection charges totaling 12% of outstanding amounts are recoverable
if sent to external debt collectors and the Client shall be liable for any costs incurred by Rebel Radio (including legal costs on an indemnity basis) in recovering non-payment of the Services.

5.9 Some packages may only be available for direct debit payment (please refer to the Quote or conditions of bookings for each package).

5.10 Suspension: Rebel Radio reserves the right to suspend services for non payment.

6.CANCELLATIONS

6.1 A one-month cancellation notification period is applied to all bookings with the exception of Multi Product (Big Brand Makeover Packages, Rockstr Packages and One Day Sale Radio Campaigns).

6.2 Before a booking can be cancelled, payment of the account must be up to date

6.3 Some bookings have non-cancellable periods so please check all conditions of sale packages and the Quote. This applies to the ONE DAY SALE package, RockStr and BIG BRAND MAKEOVER PACKAGES which attract a considerable discount.

6.4 Some package bookings like the ONE DAY SALE package, RockStr and BIG BRAND MAKEOVER PACKAGES must be used over consecutive months. No
advertising holidays are permitted.

6.5 The Services must start within 3 calendar months from the date of booking

6.6 Any unused commercials on contracts must be used within 30 days of the end of the contract or cancellation date or will otherwise be forfeited.

6.7 Cancellation notifications must be made in writing to accounts@rebelconnect.com.au or your account manager and are subject to 30 days advance notice.

6.8 If the contract is cancelled prior to start of broadcast date 50% of the first month’s invoiced amount will be payable to cover copywriting, production and administrative fees.

6.9 If a contract is delayed for more than 30 days from the agreed start date a fee of 15% of the total month’s billing will be charged in addition to the month’s package price to cover administration fees. This applies each time a contract is delayed.

7. PRODUCTION AND CREATIVE CHARGES

7.1 Production fees do apply to this booking but are included in the total package price. If not otherwise stated, you will be entitled to creative writing and production of 1 commercial for campaigns up to 3 months in duration, 2 commercials for campaigns 4-6 months inclusive and 3 commercials included for campaigns 7-12 months. (unless otherwise stated)

7.2 Multi voice commercials or production requiring character voices will attract additional fees. (Please refer to rates)

7.3 Once scripts have been approved, additional charges will apply if changes are made after a commercial has been produced. Contra or barter bookings attract a $110 cash fee for each commercial produced which must be paid prior to the start of the campaign.

8. INTELLECTUAL PROPERTY

8.1 The Client retains ownership of all advertising content provided subject to payment of the Fees (if the Fees are not paid then Rebel Radio retains ownership in the advertising content). Rebel Radio is granted non-exclusive, limited license to use the advertising content for the purposes of fulfilling this Agreement.

8.2 The Client grants Rebel Radio a royalty free, perpetual and non-revocable license to use the Client’s intellectual property for the purpose of Rebel Radio advertising their business and brand via radio, social media channels, website and other marketing platforms.

9. WARRANTIES AND INDEMNITIES

9.1 Client’s Warranties: The Client warrants that it holds all necessary rights to the advertising content, that the content is accurate, and that it does not infringe on any third-party rights or violate any laws.

9.2 Indemnity by Client: The Client agrees to indemnify, defend, and hold harmless Rebel Radio and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or related to:

9.2.1 The Client’s advertising content; and

9.2.2 Any claims related to alleged breaches of the Australian Consumer Law or any applicable laws, regulations, or standards pertaining to the Client’s business activities.

10. PERFORMANCE LIABILITY

10.1 Rebel Radio makes no guarantee on the results that may be provided as a result of the Services provided to the Client under this Agreement.

10.2 Rebel Radio does not warrant that the functions supplied by its work, content creation, advertisement, consultation or advice will meet the Client’s requirements or that the operation of the Services will be uninterrupted or error free. The entire risk as to the quality and performance of the work and deliverables is with Client. In no event will Rebel Radio be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the results or errors associated with the Services.

10.3 The Client acknowledges and agrees that Rebel Radio will not be responsible for any performance, or failure, of the Services and any resulting loss or damage.

11. LIMITATION OF LIABILITY

11.1 Rebel Radio shall not be liable for any indirect, consequential, or special damages, including but not limited to lost profits or revenue, arising out of or in connection with this Agreement. Rebel Radio’s total liability shall not exceed the total fees paid by the Client under this Agreement.

12. CLIENT’S RESPONSIBILITY FOR CONTENT AND APPROVAL

12.1 Approval Requirement: The Client must approve all advertising material before it is broadcast on Rebel Radio’s channels.

12.2 Responsibility and Liability Waiver: Rebel Radio will not be held liable for any aspect of the Client’s advertising content, including but not limited to claims or demands arising from breaches of the Australian Consumer Law or any other applicable laws or regulations related to the Client’s business activities.

13. TERMINATION

13.1 Termination for Cause: Either party may terminate this Agreement if the other party is in material breach and fails to remedy such breach within 14 days of written notice.

13.2 Effect of Termination: Upon termination, any outstanding fees owed by the Client shall be payable immediately, and any prepaid amounts will be pro-rated and refunded as applicable.

14. CONFIDENTIALITY

14.1 Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the term of this Agreement.

15. ENFORCEABILITY

15.1 Any provision of, or the application of any provision of, this agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

15.2 Any provision of, or the application of any provision of, this agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

16. AMENDMENTS TO AGREEMENT

16.1 These Terms may only be varied by prior written agreement signed by both parties, or by exchange of written emails where both parties clearly agree on what is to be amended.

17. GUARANTEE

17.1 If there is any default or failure by the Client in making any payment, or on any breach or non-observance of any of the terms, covenants, Terms and warranties of this agreement, and notwithstanding that this agreement may be terminated or liable to termination at the instance of Rebel Radio, the guarantor will be responsible to Rebel Radio in respect of the Client’s obligations in the same manner as if the Client’s guarantor were the Client under this agreement.

17.2 The guarantor covenants and agrees with Rebel Radio to indemnify Rebel Radio and keep Rebel Radio indemnified from and against all and any loss, damage, cost, charge or expense or other liability, however incurred, by Rebel Radio in connection with or in consequence of or arising out of any breach or default or attempted breach or default by the Client of any of the Client’s obligations. This indemnity is a separate and distinct and principal obligation of the guarantor and will not be construed otherwise.

17.3 The guarantor will pay any money due to Rebel Radio by reason of the indemnity, on demand. This includes all costs associated with collection, including legal fees and any late payment charge.

18. GOVERNING LAW

18.1 This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.

19. MISCELLANEOUS

19.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

19.2 Amendments: Any modifications or amendments to this Agreement must be in writing and signed by both parties.

19.3 Force Majeure: Neither party shall be liable for any delay or failure to perform due to causes beyond their reasonable control.

19.4 Electronic Signing: The parties agree that electronic signing constitutes a valid and binding form of execution of this Agreement.